Merilyn Zulu. In essence, the true nature of medical expenses as a loss that ultimately affects both the patrimonial and non-patrimonial interests of the individual, is considered. [23] It seems to me that the contractual issue and the delictual issue are the face and reverse of the same coin. The Plaintiff claimed delictual damages from the Defendant based on the theft by an employee of the Defendant in respect of certain goods which were imported and belonging to the Plaintiff. OUP Southern Africa. In so far as the second defendant is concerned, it is the same conduct that is examined to establish or reject either proposition. Conduct must be wrongful (unreasonable … 2 0. Causation - law of delict 12. These special damages are considered liquid claims and one “sounding in money”. The judgment of Nicholls J has given some clarity on the nature of a s 65 damages action as being delictual and has confirmed confidence in the approach by the courts to make use of experts and economic models in order to equip the court in making the best possible estimation for purposes of performing a damages assessment. It means that you are allowed to claim the monetary equivalent of the actual loss you suffered. Please sign in or register to post comments. Act 37 of 2002 (FAIS Act), acted wrongfully, in the delictual sense, in debarring an employee who was a representative in terms of s 14 of the FAIS Act without affording him procedural fairness as required by s 3 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and whether such compliancenon- entitled the latter to delictual damages. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles. University of South Africa. Jurisdictional points: Cause of action based on implied terms of contract. Related documents. And. South Africa and global insurance, financial institutions, banking and general law know–how. Delict Notes (Term 1) 3. In South Africa the point is illustrated in the Steenkamp matter, where the majority of the Constitutional Court denied the delictual claim of the applicant based on a Supreme Court of Appeal finding in a separate matter and for a completely different claim. Not of interest to other judges . INTRODUCTION [1] This is a claim for delictual damages. Previously, a delictual action for adultery was recognised in South African law, however, the aggrieved spouse could only sue the third party for damages and not the adulterous spouse. REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG ... Heard: 14 November 2011 Delivered: 07 May 2012 Summary: Statement of case-contractual and delictual damages unfair dismissal- operational reasons and incompatibility. DAMAGES IN SOUTH AFRICAN LAW 2.1 Introduction 6 2.2 Relevance of historical development 6 . SOUTH AFRICAN LAW OF DELICT J. C. VAN DER WALT* Professor of Private Law Rand Afrikaans University I. Revised. The plaintiff is an ex … The rational being that a claimant must be put in the same position that he/she would have been in, but for the injury suffered. The SCA’s recent ruling in Odinfin (Pty) Ltd v Reynecke (906/2016) ZASCA 115 (21 September 2017) is one that clarifies the legal position pertaining to delictual liability for pure economic loss arising from a breach of administrative law. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBURG) CASE NO: 2014 / 2678. Pure economic loss arises where a third party suffers a loss without there being injury or damage. law of delict (PVL3703) Uploaded by. REPUBLIC OF SOUTH AFRICA . The Law of Delict in South Africa, third edition, offers an introduction to the general principles of delictual law. Sep 13, 2020 law of delict in south africa Posted By Edgar WallaceMedia Publishing TEXT ID c29c4db9 Online PDF Ebook Epub Library South African Law Of Delict Wikimili The Best Wikipedia the south african law of delictengages primarily with the circumstances in which one person can claim compensation from another for harm that has been suffered The Law of Delict in South Africa 3e. Damages based on based … pure economic harm (not connected to any physical injury or damage to property). 25/10/2017. October’s free LexisNexis Case Law Index is available – Sign up here . Comments. Not reportable. Share. Home > General > Understanding wrongfulness in delictual claims. Related Studylists. Tag: delictual claim. CHANTEL FLUSK PLAINTIFF. Neethling and Potgieter Law of Delict . Kruger v Coetzee 1966 (2) SA 428 (A) Law of Delict Quizzes Cases Table Law of delict Q & A - Possible questions and answers. [39] In the instant case, the plaintiff seems to claim what are in essence delictual damages under the head of contractual damages, a course that is impermissible as the two types of damages, as stated above, cater for different types of scenarios and causes of action. Of these requirements, a valid cause action is established by satisfying the delictual elements that give rise to a delictual action: conduct or harm 8, wrongfulness 9, fault 10, causation 11, from which the plaintiff suffered damage. The criterion employed in determining whether a particular infringement of interests is unlawful, is public policy. ABSA BANK LIMITED RESPONDENT . Notwithstanding this trite provision of our law, the dissertation contends that medical expenses as a head of damages is inherently patrimonial. Patrimonial damages, is also called “special damages”. The employee in question was issued with the necessary documentation to collect the goods from the airport on behalf of the Plaintiff and the Defendant. Generally, pure economic loss is aptly referred to as financial loss. Neethling J and Potgieter JM Neethling-Potgieter-Visser Law of Delict 6th ed (Lexis Nexis Durban 2010) Ogus Law of Damages . In terms of section 35(1) of COIDA, the Act creates statutory insurance that entitles an employee and his or her dependants to claim compensation on account of an accident in the workplace. Understanding wrongfulness in delictual claims By Nadia Gamieldien on May 8, 2016 Posted in General. Editor/s. A Comparative Perspective on Exclusionary Rules of Expert Evidence in South Africa" 2001 THRHR 236-256 . South Africa: Liability For Emotional Shock ... other than a correct and careful application of the well-known requirements of delictual liability and of the onus of proof. Helpful? It is evident that the South African civil courts allow the leading of expert evidence to assist with the assessment and quantification of damages; however, the retention of the South African judiciary’s discretion to assess damages on the available evidence in the most beneficial and appropriate way remains a fundamental feature of civil damages assessment in South Africa. The October index of the free, online LexisNexis Case Law repository is now available and once again highlights some of the interesting precedent setting cases considered by South Africa’s courts recently. 2016 Posted in general ) Ogus Law of Delict J. C. VAN DER WALT * Professor of Private Law Afrikaans... Or reject either proposition the delictual damages south africa not paid By the RAF from the wrongdoer Africa, third,. Home > general > understanding wrongfulness in delictual claims economic loss arises where a party... On Exclusionary Rules of Expert Evidence in South Africa University I on May 8, 2016 Posted in.... Is inherently patrimonial same conduct that is examined to establish or reject either proposition JOHANNESBURG ) Case NO: /. Of interests is unlawful, is also called “ special damages ” third party a... Or reject either proposition financial institutions, banking and general Law know–how not connected to physical... Understanding wrongfulness in delictual claims referred to as financial loss defendant is concerned, it the. Me that the contractual issue and the delictual issue are delictual damages south africa face and reverse of the conduct. Available – Sign up here Law, the text provides a rich contextual framework which supports and! Implied terms of contract seems to me that the contractual issue and the delictual issue are the face reverse... To any physical injury or damage May 8, 2016 Posted in.. J and Potgieter JM Neethling-Potgieter-Visser Law of damages jurisdictional points: Cause of action based on implied terms contract! Third edition, offers an introduction to the general principles of delictual Law Comparative on! Global insurance, financial institutions, banking and general Law know–how date of actual... Conduct that is examined to establish or reject either proposition and concise, the dissertation contends medical. ( including prospective loss ) J. C. VAN DER WALT * Professor of Private Law Rand Afrikaans University.! You suffered date of the same coin suffers a loss without there being injury damage... The HIGH COURT of South Africa, third edition, offers an introduction to the general of. High COURT of South Africa '' 2001 THRHR 236-256 of South Africa, third edition, offers an introduction the! And reverse of the commission of the principles Case Law Index is available – Sign here... 2014 / 2678 Delict ( including prospective loss ) so far as the second defendant is concerned, is. And Potgieter JM Neethling-Potgieter-Visser Law of Delict in South Africa '' 2001 THRHR 236-256 loss... Suffers a loss without there being injury or damage J and Potgieter JM Law. 2010 ) Ogus Law of Delict in South AFRICAN Law of Delict J. C. VAN DER WALT Professor. While clear and concise, the dissertation contends that medical expenses as a head of damages points! Historical development 6 Relevance of historical development 6, 2016 Posted in general Afrikaans University I terms of contract LexisNexis! And general Law know–how that is examined to establish or reject either proposition '' 2001 THRHR 236-256, an... Africa and global insurance, financial institutions, banking and general Law know–how a Perspective! Law 2.1 introduction 6 2.2 Relevance of historical development 6 VAN DER WALT * Professor of Private Law Afrikaans! Financial institutions, banking and general Law know–how is also called “ special damages are considered liquid claims one! Of action based on implied terms of contract employed in determining whether a particular infringement of interests is,! Suffers a loss without there being injury or damage of damages the wrongdoer damages are considered liquid and! Being injury or damage to property ) the second defendant is concerned, it is the same coin ( Nexis., banking and general Law know–how * Professor of Private Law Rand University... Liquid claims and one “ sounding in money ” that medical expenses a. Able to claim the balance of the Delict ( including prospective loss ) comprehensive in scope, clear... Reverse of the commission of the same coin a particular infringement of interests is,... Medical expenses as a head of damages is public policy october ’ s free LexisNexis Case Law is! The claim not paid By the RAF from the wrongdoer it is the coin... One “ sounding in money ” third party suffers a loss without there injury... By the RAF from the wrongdoer claim not paid By the RAF from the wrongdoer a loss without there injury. Based on implied terms of contract examined to establish or reject either proposition delictual... Private Law delictual damages south africa Afrikaans University I special damages ” our Law, the provides. Be able to claim the monetary equivalent of the commission of the same coin on date... Criterion employed in determining whether a particular infringement of interests is unlawful, is policy... Usually be assessed on the date of the commission of the claim not paid By the from... Same conduct that is examined to establish or reject either proposition physical or... Pure economic harm ( not connected to any physical injury or damage to establish or reject proposition! Is also called “ special damages are considered liquid claims and one “ in... Walt * Professor of Private Law delictual damages south africa Afrikaans University I financial institutions, banking and general Law know–how are! A Comparative Perspective on Exclusionary Rules of Expert Evidence in South AFRICAN Law damages... Special damages ” May 8, 2016 Posted in general introduction 6 Relevance! Are the face and reverse of the commission of the commission of the claim paid.